All group standards contain provisions for staged implementation. These provisions will apply to notified toxic substances (NOTS) that are transferred from the transitional provisions to the main framework of the HSNO Act. The purpose of staged implementation is to allow importers, manufacturers and users of NOTS a period of time to become familiar with the new group standard conditions, and to progressively implement these conditions.
| 1 July 2006 | NOTS transferred to HSNO. Six month period commences before any group standard conditions apply. Persons continue to comply with current regulatory requirements |
|---|---|
| 1 January 2007 |
Approved handler test certificates required (either deemed1 or full five year certificate)2 Compliance required with all group standard conditions, with the exception of conditions for: |
| 1 July 2007 | Compliance required with emergency management conditions2 (fire extinguishers, response plans and secondary containment) |
| 1 January 2008 | Test certificates required for hazardous substance location |
| 1 July 2008 |
Report required from test certifier for existing stationary bulk container systems Compliance required with conditions for: |
| 1 January 2009 | Full 5 year approved handler test certificate required |
| 1 July 2009 | Test certificate required for existing stationary bulk container systems |
| 31 December 2010 | Product labels are compliant to this date if they comply with the labelling requirements of Europe, Australia, USA or Canada4 Specific packaging provisions (CRP, permanent identification) are compliant to this date if the packaging complies with the relevant packaging requirements of specified countries (group standards only). |
Notes:
- A person with two years experience in handling hazardous substances can deem themselves as an approved handler to 31 December 2008. (Download the Deemed Approved Handler declaration form [pdf - 58kb])
- Staged implementation provisions may not apply for approved handler test certificates, location test certificates, emergency management and signage if compliance is already required for a similar class of hazardous substance (see section €˜If existing HSNO Provisions Apply')
- Other than for substances that comply with the labelling requirements of Europe, Australia, USA or Canada
- A group standard condition proposes that a 4 year period be allowed for compliance with labelling, provided that the product labels comply with the regulatory requirements for labelling that apply in these countries. This provision will apply to new products as well as NOTS
- For group standards, compliance is not required for child resistant packaging or permanent identification of packaging if there is compliance with relevant packaging requirements from specified countries.
If existing HSNO provisions apply
Where existing HSNO provisions apply, then there will be no staged implementation for an approved handler test certificate, location test certificate, emergency management or signage if persons are already required to hold test certificates or have emergency management provisions and signage in place for the same class of substance; in this situation, compliance with these requirements is required by 1 January 2007. All other provisions for staged implementation (e.g. labelling, packaging etc) will apply as set out above. Full staged implementation (including for test certificates, emergency management and signage) will apply if the person is dealing with new classes of substances.
For example, a person who manufacturers a class 3.1 flammable product will not receive staged implementation for test certificates, emergency management or signage if they also store class 3.1 flammables that were transferred on 1 April 2004 and are already required to have the necessary test certificates, and emergency management and signage provisions in place for those substances. If, however, they are manufacturing or storing a different class of substance for the first time (class 5 oxidising substances, for example), then staged implementation will apply as set out above, but only for that new class.
Further information
Further details on staged implementation and general compliance requirements will be provided to notifiers in the lead-up to transfer. For other compliance information, you can contact the ERMA New Zealand Hazardous Substance Compliance Line:
- Phone: 0800 376 234, or
- Email hsinfo@ermanz.govt.nz